SB0315

SENATE BILL 315

54th legislature - STATE OF NEW MEXICO - first session, 2019

INTRODUCED BY

Bill B. O’Neill and Linda M. Trujillo

AN ACT

RELATING TO PUBLIC SCHOOLS; CREATING THE NEW MEXICO SCHOOL FOR THE ARTS AS A SPECIAL STATEWIDE RESIDENTIAL PUBLIC HIGH SCHOOL; CREATING A SCHOOL BOARD FOR THE SCHOOL; REQUIRING THE BOARD TO BE A BOARD OF FINANCE; PROVIDING POWERS AND DUTIES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

SECTION 1. Section 22-1-2 NMSA 1978 (being Laws 2003, Chapter 153, Section 3, as amended by Laws 2015, Chapter 58, Section 2 and by Laws 2015, Chapter 108, Section 1) is amended to read:

"22-1-2. DEFINITIONS.--As used in the Public School Code:

A. "academic proficiency" means mastery of the subject-matter knowledge and skills specified in state academic content and performance standards for a student's grade level;

B. "charter school" means a school authorized by a chartering authority to operate as a public school;

C. "commission" means the public education commission;

D. "department" means the public education department;

E. "home school" means the operation by the parent of a school-age person of a home study program of instruction that provides a basic academic educational program, including reading, language arts, mathematics, social studies and science;

F. "instructional support provider" means a person who is employed to support the instructional program of a school district, including educational assistant, school counselor, social worker, school nurse, speech-language pathologist, psychologist, physical therapist, occupational therapist, recreational therapist, marriage and family therapist, interpreter for the deaf and diagnostician;

G. "licensed school employee" means teachers, school administrators and instructional support providers;

H. "local school board" means the policy-setting body of a school district and the policy-setting body of the New Mexico school for the arts;

I. "local superintendent" means the chief executive officer of a school district;

J. "New Mexico school for the arts" means a special statewide residential public school that has the powers and duties of a public school and a school district, except that it is not a political subdivision of the state and does not have taxing or bonding authority;

[J.] K. "parent" includes a guardian or other person having custody and control of a school-age person;

[K.] L. "private school" means a school, other than a home school, that offers on-site programs of instruction and that is not under the control, supervision or management of a local school board;

[L.] M. "public school" means that part of a school district that is a single attendance center in which instruction is offered by one or more teachers and is discernible as a building or group of buildings generally recognized as either an elementary, middle, junior high or high school or any combination of those and includes a charter school and the New Mexico school for the arts;

[M.] N. "school" means a supervised program of instruction designed to educate a student in a particular place, manner and subject area;

[N.] O. "school administrator" means a person licensed to administer in a school district and includes school principals, central district administrators and charter school head administrators;

[O.] P. "school-age person" means a person who is at least five years of age prior to 12:01 a.m. on September 1 of the school year and who has not received a high school diploma or its equivalent. A maximum age of twenty-one shall be used for a person who is classified as special education membership as defined in Section 22-8-21 NMSA 1978 or as a resident of a state institution;

[P.] Q. "school building" means a public school, an administration building and related school structures or facilities, including teacher housing, that is owned, acquired or constructed by the school district as necessary to carry out the functions of the school district;

[Q.] R. "school bus private owner" means a person, other than a school district, the department, the state or any other political subdivision of the state, that owns a school bus;

[R.] S. "school district" means an area of land established as a political subdivision of the state for the administration of public schools and segregated geographically for taxation and bonding purposes;

[S.] T. "school employee" includes licensed and nonlicensed employees of a school district;

[T.] U. "school principal" means the chief instructional leader and administrative head of a public school;

[U.] V. "school year" means the total number of contract days offered by public schools in a school district during a period of twelve consecutive months;

[V.] W. "secretary" means the secretary of public education;

[W.] X. "state agency" or "state institution" means the New Mexico military institute, New Mexico school for the blind and visually impaired, New Mexico school for the deaf, New Mexico boys' school, girls' welfare home, New Mexico youth diagnostic and development center, Sequoyah adolescent treatment center, Carrie Tingley crippled children's hospital, New Mexico behavioral health institute at Las Vegas and any other state agency responsible for educating resident children;

[X.] Y. "state educational institution" means an institution enumerated in Article 12, Section 11 of the constitution of New Mexico;

[Y.] Z. "substitute teacher" means a person who holds a certificate to substitute for a teacher in the classroom; and

[Z.] AA. "teacher" means a person who holds a level one, two or three-A license and whose primary duty is classroom instruction or the supervision, below the school principal level, of an instructional program or whose duties include curriculum development, peer intervention, peer coaching or mentoring or serving as a resource teacher for other teachers

[AA. "certified school instructor" means a teacher or instructional support provider; and

BB. "certified school employee" or "certified school personnel" means a licensed school employee]."

SECTION 2. Section 22-1-4 NMSA 1978 (being Laws 1975, Chapter 338, Section 1, as amended) is amended to read:

"22-1-4. FREE PUBLIC SCHOOLS--EXCEPTIONS--WITHDRAWING AND ENROLLING--OPEN ENROLLMENT.--

A. Except as provided by the New Mexico School for the Arts Act and Section 24-5-2 NMSA 1978, a free public school education shall be available to any school-age person who is a resident of this state and has not received a high school diploma or its equivalent.

B. A free public school education in those courses already offered to persons pursuant to the provisions of Subsection A of this section shall be available to any person who is a resident of this state and has received a high school diploma or its equivalent if there is available space in such courses.

C. [Any] A person entitled to a free public school education pursuant to the provisions of this section may enroll or re-enroll in a public school at any time and, unless required to attend school pursuant to the Compulsory School Attendance Law, may withdraw from a public school at any time.

D. In adopting and promulgating rules concerning the enrollment of students transferring from a home school or private school to the public schools, the local school board shall provide that the grade level at which the transferring student is placed is appropriate to the age of the student or to the student's score on a student achievement test administered according to the statewide assessment and accountability system.

E. A local school board shall adopt and promulgate rules governing enrollment and re-enrollment at public schools other than charter schools within the school district. These rules shall include:

(1) definition of the school district boundary and the boundaries of attendance areas for each public school;

(2) for each public school, definition of the boundaries of areas outside the school district boundary or within the school district but outside the public school's attendance area and within a distance of the public school that would not be served by a school bus route as determined pursuant to Section 22-16-4 NMSA 1978 if enrolled, which areas shall be designated as "walk zones";

(3) priorities for enrollment of students as follows:

(a) first, students residing within the school district and within the attendance area of a public school and students who had resided in the attendance area prior to a parent who is an active duty member of the armed forces of the United States or member of the national guard being deployed and whose deployment has required the student to relocate outside the attendance area for custodial care;

(b) second, students enrolled in a school rated as "F" for two of the prior four years pursuant to the A-B-C-D-F Schools Rating Act;

(d) fourth, all other applicants;

(4) establishment of maximum allowable class size if smaller than that permitted by law; and

(5) rules pertaining to grounds for denial of enrollment or re-enrollment at schools within the school district and the school district's hearing and appeals process for such a denial. Grounds for denial of enrollment or re-enrollment shall be limited to:

(a) a student's expulsion from any school district or private school in this state or any other state during the preceding twelve months; or

(b) a student's behavior in another school district or private school in this state or any other state during the preceding twelve months that is detrimental to the welfare or safety of other students or school employees.

F. In adopting and promulgating rules governing enrollment and re-enrollment at public schools other than charter schools within the school district, a local school board may establish additional enrollment preferences for rules admitting students in accordance with the third and fourth priorities of enrollment set forth in Subparagraphs (c) and (d) of Paragraph (3) of Subsection E of this section. The additional enrollment preferences may include:

(1) after-school child care for students;

(2) child care for siblings of students attending the public school;

(3) children of employees employed at the public school;

(4) extreme hardship;

(5) location of a student's previous school;

(6) siblings of students already attending the public school; and

(7) student safety.

G. As long as the maximum allowable class size established by law or by rule of a local school board, whichever is lower, is not met or exceeded in a public school by enrollment of first- and second-priority persons, the public school shall enroll other persons applying in the priorities stated in the school district rules adopted pursuant to Subsections E and F of this section. If the maximum would be exceeded by enrollment of an applicant in the second through fourth priority, the public school shall establish a waiting list. As classroom space becomes available, persons highest on the waiting list within the highest priority on the list shall be notified and given the opportunity to enroll."

SECTION 3. Section 22-15F-2 NMSA 1978 (being Laws 2008, Chapter 15, Section 2) is amended to read:

"22-15F-2. PURPOSE OF ACT.--The purpose of the New Mexico School for the Arts Act is to provide for the establishment of the "New Mexico school for the arts" as a statewide residential [state-chartered charter] public high school that provides New Mexico students who have demonstrated artistic abilities and potential with the educational opportunity to pursue a career in the arts. The school shall function as a special high school that has the powers and duties of a school district except for taxation, bonding and other activities available only to a political subdivision of the state."

SECTION 4. Section 22-15F-3 NMSA 1978 (being Laws 2008, Chapter 15, Section 3) is amended to read:

"22-15F-3. DEFINITIONS.--As used in the New Mexico School for the Arts Act:

A. "board" means the [governing body] board of education of the school; [and]

B. "school" means the New Mexico school for the arts; and

C. "superintendent" means the head administrator of the school, who carries out the educational, budgetary, financial and other policies of the board."

SECTION 5. Section 22-15F-4 NMSA 1978 (being Laws 2008, Chapter 15, Section 4) is amended to read:

"22-15F-4. PURPOSE OF SCHOOL [SCHOOL EXEMPT FROM CERTAIN PROVISIONS OF THE CHARTER SCHOOLS ACT].--

A. [The commission may charter a] The "New Mexico school for the arts" [as] is a special statewide residential [state-chartered charter] public high school for grades nine through twelve to offer intensive [preprofessional] pre-professional instruction in the performing and visual arts combined with a strong academic program that leads to a New Mexico diploma of excellence.

B. The school and the board are subject to [all the provisions of the Charter Schools Act, except Subsection K of Section 22-8B-4 NMSA 1978 and Section 22-8B-4.1 NMSA 1978] the provisions of the Public School Code in the same manner as other public schools, school districts and local school boards. The school shall not charge tuition, except as otherwise provided in the Public School Code. The school shall be supported by state funds in the same manner as other [charter high schools authorized by the commission] public schools belonging to local school boards.

C. The school shall receive operational and capital funding in the same manner as other public schools.

D. Teachers and instructional support staff shall be provided with access to instruction-related professional development in the same manner as other public school teachers and instructional support staff to ensure the acquisition of best practices in teaching in academics and the arts and other fields represented by the instructional support staff."

SECTION 6. Section 22-15F-5 NMSA 1978 (being Laws 2008, Chapter 15, Section 5) is amended to read:

"22-15F-5. BOARD CREATED--POWERS AND DUTIES--SOLICITATION OF GIFTS, GRANTS AND DONATIONS.--

A. The provisions of Sections 22-5-1, 22-5-1.1, 22-5-3 and 22-5-3.1 NMSA 1978 notwithstanding, the school shall be governed by a board of [at least five] education of nine members [constituted as provided in the school's application for charter] appointed by the governor with the advice and consent of the senate. The governor shall appoint members from a list of names provided by the New Mexico school for the arts art institute. No more than four members shall be from each congressional district and no more than five members shall be from the same political party. No member of the board shall serve as a member of another [charter] school board. The board shall have such powers and perform such duties as required by state and federal law [and the school's charter], including soliciting and receiving gifts, grants and donations to further the purposes of the school and to assist the school in providing free or reduced-fee room and board for those residential students who cannot pay all or part of residential costs. The board must qualify as a board of finance.

B. The board is subject to all applicable provisions of Chapter 22, Article 5 NMSA 1978.

C. The board shall appoint a superintendent for the school, who shall have the powers and duties specified in Section 22-5-14 NMSA 1978."

SECTION 7. Section 22-15F-6 NMSA 1978 (being Laws 2008, Chapter 15, Section 6) is amended to read:

"22-15F-6. ADMISSIONS CRITERIA--EQUAL OPPORTUNITY--OUTREACH.--

A. The admissions criteria shall be designed to admit students who show exceptional promise or aptitude in the arts and a strong desire to pursue a career in the arts. The admissions process shall be conducted in a way that provides equal opportunity for admission to each prospective student regardless of that student's exposure to previous artistic training and without regard to the student's ability to pay residential costs.

B. The board shall ensure, to the greatest extent possible and without jeopardizing admissions standards, that an equal number of students is admitted to the school from each of the state's congressional districts.

C. The board shall submit an annual report to the [charter schools division and the commission] governor and the legislature that includes demographic information about both applicants and students admitted to the school, including the counties and the congressional districts represented by the students enrolled and the makeup of the student body in terms of socioeconomic status, gender and ethnicity.

D. The school shall conduct outreach activities throughout the state to acquaint potential students with the programs offered by the school. The outreach activities shall include programs for middle school students and workshops for teachers. There shall be no admissions criteria established for participation in outreach activities. Outreach may include summer school programming in Santa Fe or other locations around the state."

SECTION 8. Section 22-15F-7 NMSA 1978 (being Laws 2008, Chapter 15, Section 7) is amended to read:

"22-15F-7. ROOM AND BOARD CHARGES.--

A. The school shall charge residential students a fee to cover the costs of room and board. The board shall establish a sliding-fee scale based on [the] a student's ability to pay. The [commission] secretary shall approve room and board charges and the sliding-fee scale [during the planning year of the school and may approve changes to the charges and scale as requested by the board].

B. The school shall report each year to the [charter schools division and the commission] secretary on the number of students requiring financial assistance for room and board; the amount of financial assistance provided; and the amount and source of gifts, grants and donations received by the school to provide that financial assistance."

SECTION 9. Section 22-15F-8 NMSA 1978 (being Laws 2008, Chapter 15, Section 8, as amended) is amended to read:

"22-15F-8. ROOM AND BOARD COSTS--OUTREACH ACTIVITIES--USE OF STATE EQUALIZATION GUARANTEE DISTRIBUTIONS PROHIBITED.--The school, either through a foundation or other private or public funding sources, shall obtain funding to ensure that the school has adequate revenue to pay for all expenses associated with outreach activities provided for in Section 22-15F-6 NMSA 1978 and for room and board costs for those students who are not able to pay the full cost of room and board as provided in Section 22-15F-7 NMSA 1978. The school shall account separately for the costs of outreach activities and room and board and for the revenue received from private or public sources to pay those costs. The school shall not use money received from the state equalization guarantee distribution for these purposes. [Failure of the school to secure adequate funding for these purposes shall be grounds for denial or revocation of a charter.]"

SECTION 10. Section 22-24-3 NMSA 1978 (being Laws 1975, Chapter 235, Section 3, as amended by Laws 2018, Chapter 66, Section 1 and by Laws 2018, Chapter 71, Section 2) is amended to read:

"22-24-3. DEFINITIONS.--As used in the Public School Capital Outlay Act:

A. "authority" means the public school facilities authority;

B. "building system" means a set of interacting parts that makes up a single, nonportable or fixed component of a facility and that, together with other building systems, makes up an entire integrated facility or property, including roofing, electrical distribution, electronic communication, plumbing, lighting, mechanical, fire prevention, facility shell, interior finishes, heating, ventilation and air conditioning systems and school security systems, as defined by the council;

C. "[constitutional] special schools" means the

New Mexico school for the blind and visually impaired, [and] the New Mexico school for the deaf and the New Mexico school for the arts;

D. "[constitutional] special schools support spaces" means all facilities necessary to support the [constitutional] special schools' educational mission that are not included in the [constitutional] special schools' educational adequacy standards, including performing arts centers, facilities for athletic competition, school district administration and facility and vehicle maintenance;

E. "council" means the public school capital outlay council;

F. "education technology infrastructure" means the physical hardware used to interconnect education technology equipment for school districts and school buildings necessary to support broadband connectivity as determined by the council;

G. "fund" means the public school capital outlay fund;

H. "maximum allowable gross square foot per student" means a determination made by applying the established maximum allowable square foot guidelines for educational facilities based on type of school and number of students in the current published New Mexico public school adequacy planning guide to the department's current year certified first reporting date membership;

I. "replacement cost per square foot" means the statewide cost per square foot as established by the council;

J. "school district" includes state-chartered charter schools and the [constitutional] special schools;

K. "school district population density" means the population density on a per square mile basis of a school district as estimated by the authority based on the most current tract level population estimates published by the United States census bureau; and

L. "school district population density factor" means zero when the school district population density is greater than fifty people per square mile, six-hundredths when the school district population density is greater than fifteen but less than fifty-one persons per square mile and twelve-hundredths when the school district population density is less than sixteen persons per square mile."

SECTION 11. Section 22-25-2 NMSA 1978 (being Laws 1975 (S.S.), Chapter 5, Section 2, as amended) is amended to read:

"22-25-2. DEFINITIONS.--As used in the Public School Capital Improvements Act:

[A. "program unit" means the product of the program element multiplied by the applicable cost differential factor, as defined in Section 22-8-2 NMSA 1978; and

B.] A. "capital improvements" means expenditures, including payments made with respect to lease-purchase arrangements as defined in the Education Technology Equipment Act or the Public School Lease Purchase Act but excluding any other debt service expenses, for:

(1) erecting, remodeling, making additions to, providing equipment for or furnishing public school buildings;

(2) purchasing or improving public school grounds;

(3) maintenance of public school buildings or public school grounds, including the purchasing or repairing of maintenance equipment and participating in the facility information management system as required by the Public School Capital Outlay Act and including payments under contracts with regional education cooperatives for maintenance support services and expenditures for technical training and certification for maintenance and facilities management personnel, but excluding salary expenses of school district employees;

(4) purchasing activity vehicles for transporting students to extracurricular school activities;

(5) purchasing computer software and hardware for student use in public school classrooms; and

(6) purchasing and installing education technology improvements, excluding salary expenses of school district employees, but including tools used in the educational process that constitute learning and administrative resources, and which may also include:

(a) satellite, copper and fiber-optic transmission; computer and network connection devices; digital communication equipment, including voice, video and data equipment; servers; switches; portable media devices, such as discs and drives to contain data for electronic storage and playback; and the purchase or lease of software licenses or other technologies and services, maintenance, equipment and computer infrastructure information, techniques and tools used to implement technology in schools and related facilities; and

(b) improvements, alterations and modifications to, or expansions of, existing buildings or tangible personal property necessary or advisable to house or otherwise accommodate any of the tools listed in this paragraph;

B. "charter school" includes the New Mexico school for the arts; and

C. "program unit" means the product of the program element multiplied by the applicable cost differential factor, as defined in Section 22-8-2 NMSA 1978."

SECTION 12. Section 22-26-2 NMSA 1978 (being Laws 1983, Chapter 163, Section 2, as amended) is amended to read:

"22-26-2. DEFINITION.--As used in the Public School Buildings Act:

A. "capital improvements" means expenditures, including payments made with respect to lease-purchase arrangements as defined in the Education Technology Equipment Act but excluding any other debt service expenses, for:

[A.] (1) erecting, remodeling, making additions to, providing equipment for or furnishing public school buildings;

[B.] (2) payments made pursuant to a financing agreement entered into by a school district or a charter school for the leasing of a building or other real property with an option to purchase for a price that is reduced according to payments made;

[C.] (3) purchasing or improving public school grounds;

[D.] (4) purchasing activity vehicles for transporting students to and from extracurricular school activities; provided that this authorization for expenditure does not apply to school districts with a student MEM greater than sixty thousand;

[E.] (5) administering the projects undertaken pursuant to [Subsections A] Paragraphs (1) and [C] (3) of this [section] subsection, including expenditures for facility maintenance software, project management software, project oversight and district personnel specifically related to administration of projects funded by the Public School Buildings Act; provided that expenditures pursuant to this subsection shall not exceed five percent of the total project costs; and

[F.] (6) purchasing and installing education technology improvements, excluding salary expenses of school district employees, but including tools used in the educational process that constitute learning and administrative resources, and which may also include:

[(1)] (a) satellite, copper and fiber-optic transmission; computer and network connection devices; digital communication equipment, including voice, video and data equipment; servers; switches; portable media devices, such as discs and drives to contain data for electronic storage and playback; and purchase or lease of software licenses or other technologies and services, maintenance, equipment and computer infrastructure information, techniques and tools used to implement technology in schools and related facilities; and

[(2)] (b) improvements, alterations and modifications to, or expansions of, existing buildings or tangible personal property necessary or advisable to house or otherwise accommodate any of the tools listed in this subsection; and

B. "charter school" includes the New Mexico school for the arts."

SECTION 13. TEMPORARY PROVISION--CURRENT GOVERNING COUNCIL MEMBERS.--The current governing council shall continue as the board of education for the New Mexico school for the arts until the terms of its members have expired. The governor shall nominate and, with the advice and consent of the senate, appoint three additional members from congressional districts not represented or underrepresented on the current governing council to serve staggered terms on the board of education. In making the appointments, the governor shall maintain the current staggering of terms. As terms of current governing council members expire, the governor shall ensure that the provisions of Subsection A of Section 22-15F-5 NMSA 1978 are met.

SECTION 14. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2019.

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